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How Free Is Free and Clear? Bankruptcy Court Shields GM from Texas Lawsuit

A New York bankruptcy court has enjoined the State of Texas from prosecuting state court consumer protection litigation against General Motors to the extent that it involves facts that predate the General Motors 2009 bankruptcy. The decision, In re Motors Liquidation Co., shows the broad scope and effect of “Gatekeeper” injunctions and “free and clear” sale…

Client Alerts | November 5, 2025 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation

Gating Issue: Highland Capital Decision Cabins the Scope of Gatekeeper Injunctions

The Supreme Court has turned down a request to reinstate a bankruptcy court “Gatekeeper” injunction that shielded non-debtor parties from litigation. This injunction had been rejected by the Fifth Circuit Court of Appeals. The decision, Highland Capital Management, L.P. v. Nexpoint Advisors, L.P., shows the limits of bankruptcy court jurisdiction to enter Gatekeeper injunctions as…

Client Alerts | July 21, 2025 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation

17 Kleinberg Kaplan Attorneys Named as 2023 Super Lawyers or Rising Stars

We are pleased to announce that 17 of the firm’s attorneys were selected for inclusion in the 2023 edition of Super Lawyers®, a national legal ranking. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas, including business litigation, estate & probate, mergers & acquisitions, real estate, securities…

MOAC Trial: Supreme Court Enhances Appellate Jurisdiction over Appeals from Bankruptcy Sale Orders

The Supreme Court has again entered the insolvency arena, handing down a decision regarding the jurisdiction of courts hearing appeals of bankruptcy sale orders. The decision, MOAC Mall Holdings LLC v. Transform Holdco LLC, clarifies the circumstances under which Bankruptcy Code section 363(m) can statutorily moot an appeal of a sale order in a way…

Client Alerts | May 3, 2023 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation

Kleinberg Kaplan Partners Quoted Extensively in Media in Wake of FTX Collapse

Kleinberg Kaplan Partners Jared Gianatasio, Matthew Gold and Dov Kleiner have been quoted extensively in the press in the wake of the FTX collapse and the related fallout. In The American Lawyer article “For Crypto Attorneys, FTX Bankruptcy Is a ‘Black Swan Event,’” Jared Gianatasio considers how the downfall of FTX may lead to increased…

Firm News | November 21, 2022 | Digital Assets and Cryptocurrency | Creditors’ Rights and Bankruptcy Litigation | Business Restructuring and Reorganization

Introducing Rep & Warranty Insurance to Section 363 Sales

As inflation and interest rates rise, many businesses begin to restructure their balance sheet, which will, in many cases, include selling assets. When a distressed sale is carried out under bankruptcy court supervision, it is called a Section 363 Sale. Since the last down-market cycle when Section 363 Sales were more plentiful, a form of private third-party…

Client Alerts | October 24, 2022 | Business Restructuring and Reorganization | Mergers & Acquisitions

Matthew Gold and Dov Kleiner discuss novel issues in crypto bankruptcy with Turnarounds & Workouts

Kleinberg Kaplan Partners Matthew Gold and Dov Kleiner recently spoke with Turnarounds & Workouts about the recent spate of crypto company bankruptcies and liquidations, like those of Celsius and Voyager. Their insight is featured in “Crypto Winter Is Here,” the cover story of the publication’s September 2022 issue. In the article, Matt and Dov identify…

Firm News | October 6, 2022 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation | Digital Assets and Cryptocurrency

18 Kleinberg Kaplan Attorneys Named as 2022 Super Lawyers or Rising Stars

We are pleased to announce that 18 of the firm’s attorneys were selected for inclusion in the 2022 edition of Super Lawyers®, a national legal ranking. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas, including business litigation, estate & probate, mergers & acquisitions, real estate,…

Kleinberg Kaplan Adds David Pentlow as Senior Counsel to Private Funds & Investment Management Practice

Premier boutique law firm Kleinberg Kaplan has announced that David Pentlow has joined the firm as Senior Counsel in its Private Funds & Investment Management Practice. Mr. Pentlow has extensive experience representing private equity funds, hedge funds, real estate funds and other investors, financial institutions, and issuers – from start-ups to established public companies –…

Helping Clients Navigate COVID-19 (Updating)

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…